Affiliate Program Terms & Conditions
This Agreement ("Agreement) is made between E-Clients Consulting LP. trading as artistsite.design, and the Affiliate, (and collectively, the "Affiliates") for participation in ArtistSite.Design's affiliate program. If Affiliate does not want to participate in the affiliate program, please dismiss the following Agreement and do not activate the affiliate program.
Affiliate requires to include certain materials promoting ArtistSite.Design, and to have a link to ArtistSite.Design's website within those materials on the Affiliate's website;
Now, therefore, in consideration of the mutual promises, covenants, warranties, and other useful and valuable consideration set forth herein, the Affiliates agree as follows:
ArtistSite.Design shall make available to Affiliate certain banner commercials, button links, text links, and/or other graphic or textual elements for display and use on the Affiliate website (the "Promotional Materials"). Affiliate shall display the Promotional Materials on Affiliate's website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to ArtistSite.Design's website, as specified by ArtistSite.Design.
Use of Promotional Elements
· The Affiliate's use and display of the Promotional Materials on the Affiliate's site shall conform to the following terms, conditions, and specifications:
· The Affiliate may not use any graphic, textual or other materials to promote ArtistSite.Design's website, products or services other than the Promotional Materials, unless ArtistSite.Design agrees to such other materials in writing before their display.
· The Affiliate may only use the Promotional Materials to promote ArtistSite.Design's website (and the products and services available thereon), and for linking to ArtistSite.Design's website.
· Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as ArtistSite.Design prepares them. If Affiliate wishes to change or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from ArtistSite.Design for such alteration of modification.
· The Promotional Materials will be used to link only to ArtistSite.Design's website, to the specific page(s) and address as specified by ArtistSite.Design.
· The Affiliate may not use the Promotional Materials to run paid Ads on Social Media, unless ArtistSite.Design agrees in writing before their display.
ArtistSite.Design at this moment grants to the Affiliate non-exclusive, non-transferable License (the "License") to use the Promotional Materials as specified under the terms and conditions of this Agreement. The duration of the License shall expire upon the expiration or termination of this Agreement.
ArtistSite.Design retains all right, ownership, and interest in the Promotional Materials and any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliates rights, ownership, or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as outlined in Section 3.
Relationship of Parties
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between ArtistSite.Design and Affiliate. Affiliate shall provide services for ArtistSite.Design as an independent contractor. Affiliate shall have no authority to bind ArtistSite.Design into any agreement, nor shall Affiliate be considered to be an agent of ArtistSite.Design in any regard.
In exchange for Affiliate's to display of the Promotional Materials, and for Affiliate's compliance with and performance of the terms and conditions of this Agreement, ArtistSite.Design shall pay to the Affiliate commission (the "Commission") in the amount of a percentage of products or services sold to a user that accesses ArtistSite.Design's website through a link on Affiliate's website. The Affiliate's commission percentage is posted in the Affiliate Dashboard and is unique to each product. The Commission applies to Net Income (in accordance with paragraph 6.a.i. below). This percentage is subject to change by ArtistSite.Design at any time.
Notification to the Affiliate, ArtistSite.Design will notify any change in commission percentage at the Affiliate by email to the email address provided during the application. Commissions will be based on the Affiliate referred customer's purchases for any new purchases. Commission payments do not apply to purchases made directly by the Affiliate transactions that result in refunds or chargebacks will not be paid out. The Affiliate may not purchase him or herself the product or services to receive the commission payment.
Following are additional conditions:
· Net Income means total Income from customers paid to ArtistSite.Design. For example, if a customer purchases service at $99 a year, and the Affiliate receives a 25% commission on the initial sale, it would amount to approximately $24.75. Recurring payments will not be counted for the Affiliate's Commission. Only the first payment will be counted for the Affiliate's Commission. If a customer purchases at a discount, the Affiliate's Commission will reflect the customer's amount.
· Affiliate Commissions do not apply to services rendered by ArtistSite.Design to the customers.
· All determinations of whether a Commission is payable to an Affiliate will be made by ArtistSite.Design in its sole discretion and final and binding on both ArtistSite.Design and Affiliate.
· If the Affiliate Account Balance exceeds $200 USD, Affiliate may request the withdrawal of funds from their account at any time. Funds can be withdrawn up to the value of the Account Balance.
· All payments made by ArtistSite.Design under this Agreement are deemed and will be paid in USD with TransferWise. Any fees connected with withdrawing funds, e.g. Transferwise transaction fee, shall be assumed by Affiliate. ArtistSite.Design shall keep accurate, and up-to-date records of the data used to determine the total amount of Commissions owed to the Affiliate shall be given reasonable access to these records upon request, and is available through the affiliate area on the member page.
· ArtistSiteDesign shall rectify any discrepancy between the number of Commissions owed according to these records and the actual amount of Commissions paid to Affiliate in any period or periods within 14 days of discovering such discrepancy.
· ArtistSite.Design shall pay all Commissions accrued and payable to Affiliate within 10 days of the referred sale. Payment is made via the Affiliate TransferWise account and email address on file. The minimum amount required for the payout is $200 USD and minimum number of referrals (sale) should be 2.
· In the event that Affiliate materially breaches this Agreement and ArtistSite.Design terminates this Agreement within 30 days of such breach. Any accrued and payable Commissions owing to the Affiliate hall be forfeited, and ArtistSite.Design shall not be obligated to pay such Commissions to Affiliate.
Affiliate represents and warrants the following:
· Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement. By registering with the affiliate program, Affiliate agrees to be bound by these Terms and Conditions and confirm that you are at least 18 years of age and are lawfully fit and able to accept these Terms and Conditions.
· If Affiliates participating in the affiliate program on behalf of any legal entity or corporation, you further represent and warrant that you are rightfully authorized to accept these Terms and Conditions and enter into an agreement on such entity's behalf.
· ArtistSite.Design reserves the right in its sole discretion at any time to refuse to anyone's participation in the affiliate program and change any of the Terms and Conditions. You agree that your participation in the affiliate program after the date when the updated Terms and Conditions come into effect establishes an agreement based on the amended Terms and Conditions and will apply to your participation in the affiliate program from that point forward.
· Affiliate's website does not contain any materials that are:
· Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate's website. Nothing on the Affiliate's website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does the Affiliate have any reason to believe that any person or will bring or threaten such a claim in the future.
· Affiliate will not use the Promotional Materials in any manner other than those set forth in Section 2 above.
· Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein.
· Affiliate will not publish or otherwise distribute any advertising materials for Affiliate's website that reference ArtistSite.Design or ArtistSite.Design's website unless ArtistSite.Design gives prior written consent to the distribution of such materials. Affiliate will not use ArtistSite.Design's name (or any name that is confusingly similar to ArtistSite.Design's name) for any purpose on its website, in its promotional materials, or in any other context except to promote ArtistSite.Design's website, as specified in this Agreement. Affiliate will not register any domain name that incorporates ArtistSite.Design's name or that is confusingly similar to ArtistSite.Design's name.
· Affiliate will not distribute any unsolicited bulk emails (spam) in any way mentioning or referencing ArtistSite.Design or ArtistSite.Design's website.
· Affiliate will not attempt to inflate referral Commissions artificially. If ArtistSite.Design suspects artificial manipulation of referrals. It will result in immediate termination of this Agreement, and Affiliate will forfeit all outstanding Commissions.
Coupon and Deal Sites
ArtistSite.Design reserves the right to offer a coupon to select affiliates and to our newsletter subscribers. If you're not pre-approved / assigned a branded voucher, then you're not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
· Affiliates may not use misleading text on affiliate links, buttons, or images to imply that anything besides currently authorized deals to the specific Affiliates may not bid on ArtistSite.Design Coupons, ArtistSite.Design Discounts or other phrases meaning coupons are available.
· Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating specific savings clicking on a marked link, button, or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
· Users must be able to see coupons/deal/savings information and details before an affiliate cookie is set (i.e., "click here to see coupons and open a window to merchant site" is NOT allowed).
· Affiliate sites may not have "Click for (or to see) Deal/Coupon" or any variation when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
Pay Per Click (PPC) Policy
PPC bidding is NOT allowed.
Affiliate shall indemnify ArtistSite.Design and hold harmless ArtistSite.Design from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate's warranties outlined in Section 7 above. Affiliate shall also indemnify and hold harmless ArtistSite.Design for any damage, loss, or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.
Any information that Affiliates exposed to under its relationship with ArtistSite.Design under this Agreement, which information is not available to the general public, shall be considered to be "Confidential Company Information." The Affiliate may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless the Affiliate obtains prior written consent for such disclosure from ArtistSite.Design.
This Agreement shall take effect immediately, and shall remain in full force and effect indefinitely, or until terminated according to this Section 10.
Either Party shall have the right to terminate this Agreement at any time and for any cause. The terminating Party must give written notice to the other Party at least 30 days before the intended date of termination.
ArtistSite.Design shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with ArtistSite.Design as set forth in this Agreement. ArtistSite.Design shall not withhold any taxes from the Commissions paid to Affiliate
Limitation of Liability
ArtistSite.Design shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental, or consequential damages, including costs associated with the procurement of substitute goods or services (whether ArtistSite.Design was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.
This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one Agreement.
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
The headings for section herein are for convenience only and shall not affect the meaning of this AgreementAgreement's provisions.
This Agreement constitutes the entire Agreement between ArtistSite.Design and the Affiliate and supersedes any prior understanding or representation of any kind preceding this Agreement's date. There are no other promises, conditions, deals, or other agreements, whether oral or written, relating to the subject matter of this Agreement.